ASOGWA
V.
THE STATE

(1973) JELR 40055 (SC)    

Supreme Court  ·  SC.64/1972 ·  13 Apr 1973 ·  Nigeria
 · 
Other Citations
ASOGWA v. THE STATE (1973) 4 S.C. (REPRINT) 98
CORAM
GEORGE B. A. COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
behalf of the appellant
evidence
learned chief justice
provocation
shares
accordance
action of the accused
basin of meat
calabash of wine
charge
charge no. e
chest of the deceased
chicken
chief justice
conclusion
consequence
counsel
court
dagger
death
defence of drunkenness
defences
drunkenness
enugu high court
exhibit
fact of the killing
facts
family hold
fatal blow
findings
following findings of fact
g. s. sowemimo
hearing of the appeal
j.s.c
judgment
justification
knife
leading judgment
learned trial chief justice
lethal weapon
member of the accused
perusal of the records
reaction
reasons
review of the evidence
sides
suggestion
trial
view of the facts

G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): In charge No. E/26C/71, the appellant, then accused, was tried on a charge of unlawfully killing of one Michael Ugwudoha (hereinafter referred to as the deceased) at Edem, Nsukka, on the 10th day of January, 1971. The trial was held at the Enugu High Court and the appellant was convicted and sentenced to death by Balonwu, CJ., on 25th February, 1972. The appellant appealed to this court against the conviction. The appeal was heard on 28th of September, 1972 and dismissed. We now give our reasons for dismissing the appeal.

The fact of the killing of the deceased by the appellant is not in dispute. After a review of the evidence, the learned Chief Justice in his judgment held as follows:-

"Having assessed all the evidence given by both sides, I have come to the following findings of fact: (1) That when Fabian began to share out the chicken, the accused suggested that it would not be fair to give any shares to those absent, before …

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